Civil Procedure Code, 1908, Order 39, Rule 1, 2, Himachal Pradesh Municipal Corporation Act, 1979, Section 2(42), 315(1), 324 - - Temporary injunction - Exhibitio, cum-sale in temporary stalls without licence - Prohibition as to - Held, it will be a private market within the meaning of S.2(42) of the Municipal Corporation Act - Premises where exhibitio, cum-sale is held by..........
Indian Penal Code, 1860, Section 300, 324 -- Murder and hurt - Accused killed deceased with sword and inflicted injury on complainant - Ocular evidence of complainant consistent with his written complaint lodged contemporaneously - It got corroboration and support from other witnesses - Doctor corroborated factum of death of victim - Insufficiency of light did not hinder..........
Indian Penal Code, 1860, Section 307, 324, 326 -- Quarrel took place on spur of moment between complainant and accused over money matter - Prosecution allegation that accused gave scissors blow on chest of the victim - Two stab wounds found on the abdomen of the victim but there was no fracture - Occurrence took place on account of a sudden and grave provocation and not as..........
Indian Penal Code, 1860, Section 148, 149, 324, 304 -- Part-I - Accused having formed themselves into an unlawful assembly, being armed with deadly weapons, caused hurt to `K' and assaulted `S' (deceased) who succumbed to his injuries - Evidence of `K' found credible - Mere fact that `K' did not mention the names of all the accused is no reason to disbelieve him as he was..........
Indian Penal Code, 1860, Section 302, 324, 34 -- Sole injury in abdomen with knife - All layers of abdomen pierced resulting in peritonitis - Death not because of jaundice - Evidence of witnesses and other link evidence proves offence of murder as there is no explanation for piercing knife in abdomen - Other accused catching hold of accused do not prove common intention as..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 324, 342, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Quashing of proceedings - Charge for offence u/s 3 of SCST Act and Ss.324, 342, 506 IPC on the allegations that they had knowledge that victim belongs to Scheduled Caste community whereas they..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence punishable u/s 324 IPC - Offence was compoundable with permission of Court at the time of commission of offence - Parties allowed to compound the offence - Accused acquitted...........
Indian Penal Code, 1860, Section 307, 324 -- Nature of offence - Accused not armed with weapons - Altercation taking place in dhaba - Accused using `Palta' an instrument used for cooking, as weapon for causing injuries - Injuries on vital parts simple - Grievous injuries were on non vital parts - This shows accused had no intention to kill - Intention was to beat the..........
Indian Penal Code, 1860, Section 307, 324 -- As per prosecution evidence, injury was simple in nature and not on the vital part of the body of injured - Conviction of accused u/s 307 IPC altered to one u/s 324 IPC...........
Indian Penal Code, 1860, Section 304, 324 323, 34 -- Culpable homicide or voluntarily causing hurt - Accused who were cutting crops claim to be their's and wanted to remove the crop by force - Assaulted deceased with tangi and lathi - Medical evidence showing two fatal injuries on the head of deceased were given by appellant No.1 and 2 - Conviction of said appellants u/ss..........
